November 27, 2020

Is your job at risk if you file an accident at work claim

If you ever endure wounds in a mishap at work, know that your employer is obliged to compensate for the injuries you sustain. However, the factors leading up to the occurrence of the accident are considered first. But if the accident is not your fault, you must know that you are entitled to file an accident at work claim. Remember that you are protected by the law and have every right to receive compensation for your injuries. Besides injuries, your employer is also liable to reimburse you for any other losses you incur as a result of the accident.

Workplace safety and protection laws

 Introduced in 1974, the Health and Safety At Work Act ensures workplace safety and security of employees. The act specifies that employers in the UK must guarantee that a workplace is without peril and as sheltered as attainably feasible for workers. They must also ensure that employees get maximum protection and are faced with minimum risks of workplace accidents. Different workplace protection laws include: 

.The Health and Safety at Work Order 1978 (Northern Ireland)

.Employment Rights Act 1996 

.Equality Act 2010 

It is possible that you may contribute to the injuries resulting from the accident at work. In that case, your employer is partly responsible as part of the accident considered as “contributory negligence”. In the event that you are uncertain, you should contact the claim specialist before filing the accident at work claim on your own. The specialist will figure out and determine who is responsible for the injuries sustained. 

Workplace Rights of employees 

As an employee, you have explicit rights in case of the accident at work that causes injuries. The rights you are entitled to, are: 

Right to seek medical attention after you undergo an accident at work

Right to receive compensation for the injuries you sustain as a result of the workplace accident. Even if you consider yourself partly responsible for the injuries, you still have a right to file an accident at work claim. The work injury claims can get you the compensation amount that you have a right to receiving after the accident.

You reserve the privilege to leave a workplace you regard is perilous and which puts your well-being, security in danger. You do not have to return until you deem the environment safe and secure for you. Your manager can't forestall or object you for doing any of the above. If they do, they would be acting unlawfully which would qualify you to take further legal action against them.

Things to follow after a workplace accident

One silly and negligent move and you can make your injury at work claim invalid even when it’s totally authentic. There are certain things that you are required to do after an accident at work. If you do not follow the steps necessary to follow, you may risk your accident at work claim. You may also lose your right to receive any compensation. Following are important measures to take after you suffer injuries in an accident at work:

Reporting the accident to the manager and having your injuries recorded in the Accident

Book of the organization

Seeking immediate medical attention 

Keeping a visual record of your injuries with a backup

Getting legal assistance by consulting claim specialist

Can I get sacked for filing an accident at work claim?

If you suffer injuries in an accident at work and you decide to file a claim, you can't be legitimately terminated for doing so. The employer of the company has no right to fire you. In case the employers do that, you can take legal action against them. It is their responsibility to consider and respect your workplace rights. In case you feel your rights are violated, it is recommended you take help from the claim specialists. The claim managers can help you strengthen your case and can legally prevent your employer from violating your rights.

Your manager may also adopt some manoeuvres and tricks to make it difficult for you to work in the company. The working conditions might get really tough for you. It may get really hard for you to continue your job. You may get frustrated to the point where you end up offering your resignation. But you should never do that. Consult the accident at work claims manager before you take any bold step. Do not offer your resignation resulting from the actions of your employer. Because your claim specialist can use this against the employer you work for. In any such case, you can file an unfair dismissal or a constructive dismissal claim against your employer to save your job.